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Central Illinois Dog Bite Litigator - Attorney Greg Sronce

vicious dog

Illinois Law Governing Dog Bite Cases

 Illinois dog bite liability is governed by the Animal Control Act (510 ILCS 5/16). Under this statute, a dog owner is legally responsible for injuries caused when their dog attacks, attempts to attack, or injures a person who is peacefully conducting themselves in a place where they are legally allowed to be. Liability applies regardless of whether the dog has previously shown aggressive behavior or bitten someone before, meaning Illinois does not follow the old “one-bite rule.” As long as the injured person did not provoke the dog and was lawfully present, the owner can be held liable for the full amount of damages resulting from the injury. In addition to civil liability, Illinois law imposes public safety obligations after a dog bite, including reporting the incident to local health authorities within 24 hours and confining the dog for observation, typically for 10 days, to monitor for rabies. 

Who is responsible?

 Liability generally falls on the dog’s owner or keeper, meaning the person who owns, harbors, or has control over the dog at the time of the incident. This can include not only the legal owner, but also someone who is temporarily responsible for the dog, such as a caretaker, dog sitter, or family member. In certain situations, additional parties may also be held liable under other legal theories, such as negligence or premises liability. For example, a property owner or landlord may be responsible if they knew a dangerous dog was kept on the premises and failed to take reasonable steps to protect others. Liability depends on the specific facts of the case and each party’s level of control or knowledge regarding the dog’s behavior. 

Negligent Dog Owners are Strictly Liable

 Under Illinois law, dog bite cases are generally handled under a strict liability framework, meaning the dog’s owner can be held responsible for injuries even if they were not negligent or careless. To recover damages, the injured person must show that the dog attacked, attempted to attack, or caused injury; that they were lawfully present at the location where the incident occurred; and that they did not provoke the dog. If these elements are met, the owner is liable for the harm caused. Victims of dog bites in Illinois may seek compensation for a range of damages, including medical expenses, future medical care, lost wages, pain and suffering, and any scarring or permanent injuries resulting from the attack. 


 

To succeed in a dog bite claim under Illinois law, a plaintiff must generally show:

  1. The dog attacked, attempted to attack, or injured the person
     
  2. The person was lawfully present where the incident occurred
     
  3. The dog was not provoked by the victim
     

If these elements are met, the statute requires liability even if the owner was not negligent in controlling the dog.

Statute of Limitations

 In Illinois, a victim typically has two years from the date of the injury to file a civil lawsuit for dog bite damages. 

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